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HomeMy WebLinkAbout2004-07-12 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday,July 12,2004,5:30 p.m. Room 219,City Administration Building The following items will be considered: Approval of Minutes from the 06/28/2004 meeting. New Business: 1. ADMINISTRATIVE ITEM: Downtown Master Plan 2. ADMINISTRATIVE ITEM: Duncan Associates: Impact Fees for Fire,Police and Streets 3.ADM 04-1139: Administrative Item(DORADO,557): Submitted by DAVID CUMMINGS for property located at EAST OF THE LOWE'S ON HWY 62, ON FINGER ROAD. The property is zoned C-PZD,COMMERCIAL PLANNED ZONING DISTRICT, and contains approximately 27.669 acres. The request is to extend the expiration date of the C-PZD for Lowe's for a 12 month period to construct the approved additional retail space as an in-line shopping center on the subject property. Planner: JEREMY PATE 4.ADM 04-1147:Administrative Item(LANDERS,248/249): Submitted by Bryan Smith of Black,Corley&Owens on behalf of Landers Auto Park for property located at 1352 W. Showroom Drive. The property is zoned C-2,THOROUGHFARE COMERCIAL, and contains approximately 42.82 acres. The request is to allow a waiver of Commercial Design Standards&Design Overlay District requirements to allow a chain link perimeter fence around the subject property. Planner: JEREMY PATE 5.VAC 04-1119: Vacation(PETRINO LOT 5 PINE VALLEY,363): Submitted by BUCKLEY BLEW for property located at LOT 5 IN PINE VALLEY SUBDIVISION. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 0.10 acres. The request is to approve the vacation of a portion of a platted easement within Lots 5A and 5B of the Pine Valley Subdivision. Submitted on behalf of. SANDRA PETRINO Planner: JEREMY PATE 6. LSP 04-1113: Lot Split(ALI MOUBAREK,323): Submitted by ALI MOUBAREK for property located at 2300 SALEM ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 2.40 acres. The request is to split the subject property into two tracts of 1.163 and 1.234 acres. Planner: JEREMY PATE 7.PPL 04-1117:Preliminary Plat(ALLEN SUBDIVISION, 140): Submitted by DAVE JORGENSEN for property located at 4111 OLD WIRE ROAD. The property is in the Planning Area and contains approximately 9.50 acres. The request is to approve a preliminary plat for a subdivision containing 3 single-family lots of 5.40,2.72 and 1.38 acres respectively. Property Owner: DUANE ALLEN Submitted on behalf of RICK LEDBETTER Planner: SUZANNE MORGAN 8.ANX 04-1071:Annexation(JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD AND EAST OF STONEBRIDGE ADDITION. The property is in the Planning Area and contains approximately 5.66 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: VERA JONES Planner: SUZANNE MORGAN 9.RZN 04-1072: Rezoning(JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD. The property is in the Planning Area and contains approximately 5.66 acres. The request is to rezone the subject property from R-A, Residential Agricultural,to RSF-4, Residential Single-family,4 units per acre. Property Owner: VERA JONES Planner: SUZANNE MORGAN 10.ANX 04-1073: Annexation(AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD,S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN 11.RZN 04-1074: Rezoning(AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD,S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to rezone the subject property from R-A,Residential Agricultural,to RSF-4,Residential Single-family,4 units per acre. Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions &Answer with Commission F. Action of Planning Commission(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2004 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Loren Shackelford Sean Trumbo Christian Vaught FAYETTEVILLE Pc Meeting of July 12, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: July 07, 2004 ADM 04-1139: Administrative Item (DORADO DEV., 557): Submitted by DAVID CUMMINGS for property located at EAST OF THE LOWE'S ON HWY 62, ON FINGER ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and contains approximately 27.669 acres. The request is to extend the expiration date of the C-PZD for Lowe's for a 12 month period to construct the approved additional retail space as an in-line shopping center on the subject property. Planner: JEREMY PATE Background: Approval for the Lowe's Planned Zoning District rezoning and associated large scale development was recommended to the City Council by the Planning Commission with a 7-0-0 vote on May 05, 2003 with a condition that the approval would be valid for one calendar year. A Planned Zoning District (C-PZD.03-02.00, Ord. #4490) was approved by City Council on June 03, 2003. An ordinance takes effect 30 days after final approval, therefore the"deadline" for extension requests to be submitted to the Planning Division fell on July 03, 2004. The applicant met this deadline. The original approval for the C-PZD allowed for a Lowe's Home Center (133,532 SF) on 13.62 acres,retail lots containing 6.05 acres (53,876 SF of retail)and 1.3 acres (for future development review), a 2.05 acre detention area and 4.59 acres of tree preservation. Current Status: The Lowe's Home Center, detention pond and tree preservation areas have either been developed or designated for no development, as required. The developer has extended utilities, a required street connection and completed much of the grading and drainage for the remaining undeveloped retail lots to the east of Lowe's.Discussion in recent weeks with the applicant regarding the status of construction for the Dorado Development tract of the PZD, approximately 54,000 SF of retail space, revealed the upcoming deadline. Based on the current status of the project, the applicant finds it necessary to request additional time in order to secure tenants and begin the construction review process. The applicant is not able to secure building permits for the retail center at this time, and thus requests an extension to develop the remaining 54,000 SF shopping center, which was approved with the Planned Zoning District for Lowe's. A letter from the applicant is included. Recommendation: Staff recommends approval of an extension until July 03, 2005. If all building permits are not obtained prior to the July 03, 2005 expiration date, the Large Scale Development for this portion K.IReporu120041PC Repor&107-12-0419DM04-1139(Dorado Dw.).doc July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.1 of the PZD is required, by ordinance,to be resubmitted in total for Planning Commission approval, in accordance with all development regulations at the time of submittal. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: July 12, 2004 K.Reports120041PC Reportt107-12-04W DM04-1139(Dorado DW.).doc July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.2 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10)Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above-enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one(1)year from the date of approval: (a) VZ67067y dlrenovation or tl s ru rl zi)e ag nae and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. 12j.�teas� .ra�� fXpi`r~�tro ;p ?ar tt�,t�imE �t:� �ca0�rta e - ��Ir��t Expiration. If the required task(s)are not completed within one(1)year from the date of approval or during an allowed extension period,all of the above-enumerated plans and permits shall be rendered null and void. K.IReporis12004PCReporis107-12-0414DM04-7]39(Dorado Dw.).doc July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.3 -JUN 29 2004 3: 28PM P—,LASERJET 3200 - - p. 2 DORADO DEVELOPMENT CO., L.L.C. Real Estate Development&Brokerage 6243 IH-10 West,Suite 840 San Antonio, Texas 78201 210.732.5335 210.732.5445 Fax June 29,2004 Mr.Jeremy.Pate VIA Fax:479-575-8202 City Planning Department 113 W.Mountain_ Street Fayetteville,AR 72701 RE: Extension of CPZD 03-02 Dear Mr.Pate: We respectfully request acceptance of this letter as our formal request to extend the expiration date of CPZD 03-02 for a 12-month period beginning 7/3/04. Additional development in the CPZD area is to be accomplished in the form of constructing an in-line shopping center consisting of approximately 52,000 square feet, and the development of an. approximately 7,500 square foot-pad for future retail development on our Outparcel fronting Hwy. 62. In order to have time to complete this planned construction, Fayetteville 6th Street, Ltd. will require the requested extension on the CPZD. Should you need additional information in order to approve this extension,please call me at 210-732-5335 or Lance Mills with Ozark Civil Engineering Co. at 479-464-8850. We greatly appreciate your cooperation in this matter and I'll wait to hear from you. Respectfully, David M. Cumming III Member/President Fayetteville 6" Street,Ltd. cc: Lance Mills,Ozark Engineering VIA Fax#479-464-9040 July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.4 p 069-a9£ (OLZ) :Hd T 1.V9NN.Ia3tliLLJ3l . A g %Vd VTIIA .W�Ndo'13n3a'Iro13H a °a�pc. 3Q�s M r JvMj 2JAONIJ 0 _R MEN N F UIIIIIIIIIIVIIIIit'il �y �I S Jo oQM lor n n WN IH 'H I(11H IL 1I 1I I I'ISI'1 VIII IIIIIIUIIIIIhU 0" Qm a V 1111111111 IV Q qL a J � O \\ ~Q m nIIII'IIIIIIn e a g C_� �t = a Y \x 111111W $ ® 0� > Lj 0 LLJ -3 N UHHHE — J � OWNt r o un I n n n a — July 12,2004 g Commission ADM 04-1139(Dorado) Page 3.5 y FAYETT MLLE - THE CITY OF FAYMEVILLE,ARKANSAS - - - 113 W. Mountain St. - - Fayetteville,AR 72701 Telephone:(501)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Dawn Warrick,AICP,Zoning& Development Administrator THRU: Tim Conklin,AICP, Director of Community,Planning& Engineering Svcs. DATE: May 5, 2003 Project: C-PZD 03-2.00: Planned Zoning District(Lowe's,557/596)was submitted by Lance Mills of Ozark Civil.Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2, Thoroughfare Commercial,R-O, Residential Office; and R-2,Medium Density Residential containing approximately 27.669 acres. The request is for a Commercial Planned Zoning District. for a Lowe's Home Center on a lot containing 13.62 acres(133,532 sq.ft. building),retail lots containing 6.05 acres(53,876 sq ft building proposed) and 1.3 acres(for future development), a 2.05 acre detention area and 4.59 acres of tree preservation. BACKGROUND The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center containing 13.9 acres (133,532 sq.,ft. building)and a retail out lot containing 6.057 acres with 53,876 square feet of retail space..Another out lot for future development(1:3 acres)is also being proposed with this PZD. There are 4.59 acres of tree preservation and 2.051 acres of shared detention proposed. This item must also be heard at City Council pursuant to the requirements for a PZD. Use Lot Area Lowe's 13.62 Dorado retail stores 6.057 Out lot(future development) 1.3 Tree Preservation 4.59 Shared detention area 2.051 CURRENTSTATUS On April 28,2003,the Planning Commission voted 7-0-0 to forward this item to the City Council with a recommendation for approval of the C-PZD zoning contingent upon the approved development plan. RECOMMENDATION Staff recommends approval of the requested C-PZD. July 12,2004 Planning Commission ADM 04-1139(Dorado) K lRepartr120031CC REPOR7SIMay meetingst5-20-03�cpzd 03-2 bwe's_cc.doc Page 3.6 ORDINANCE NO. 4490 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 03-02.00 LOCATED AT THE SOUTHWEST CORNER OF FINGER ROAD AND HWY. 62; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION AND AMENDED BY THE CITY COUNCIL. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the zone classification of the following describedproperty is hereby changed as follows: From R-1, C-2, Thoroughfare Commercial, R-O, Residential Office,and R-2,Medium Density Residential to C-PZD 03-02.00 as shown in Exhibit"X'attached,hereto and made apart hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the Planned Zoning District plans for Lowe's Home Center and approved by the Planning Commission on April 28, 2003,as amended by the City Council to remove the requirement for a monument sign and reinstate Condition of Approval#3 as recommended by the City Planning Division,and to change Condition of Approval#13 requiring installation of a traffic signal at the cost of the developer prior to issuance of the certificate of occupancy and replacing that with a requiring the developer to deposit the cost of the traffic signal with the City pursuant to U.D.O. §158.01 until such signal is authorized to be installed by the Arkansas Highway and Transportation Department. Section 3. That this ordinance shall not take effect and be in full force until all conditions of approval for the development are met. Section 4. That the official zoning map of the City of Fayetteville,Arkansas,is hereby amended to reflect the zoning change provided in Section 1 above. J 2004. Plannin �ssion ADM 04- do) Page 3.7 Ord.No. 4490 Page 2 PASSED and APPROVED this the 3`d day of June,2003. pYETTf APPROVED: a .* By: R � DAN COODY, M or �.�,►na:By, Ate. Sondra Smith, City Clerk July 12,2004 Planning Commission ADM 041139(Dorado) Page 3.8 EXHIBIT' "A" PART OF THE NORTHWEST AND THE SOUTHWEST QUARTERS OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T' P.M., CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER THENCE NORTH 88908'58"WEST 42.94 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF FINGER ROAD SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 8808'58"WEST 387.36 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 2°01'20" WEST 238.81 FEET; THENCE SOUTH 88008'33" EAST, 294.91 FEET; THENCE SOUTH 23009'36" WEST 107.33 FEET; THENCE NORTH 88008'33"WEST.456.01 FEET;THENCE NORTH 1051'27"EAST IOO.00FEET; THENCE SOUTH 90000'00" WEST 62.76 FEET; THENCE SOUTH. 1002'36" WEST 39.63 FEET; THENCE SOUTH 54047'38" WEST, 195.89 FEET; THENCE NORTH 88057'24" WEST, 409.39- FEET; THENCE NORTH 42046'02 WEST, 76.30 FEET; THENCE NORTH 88057'24"WEST, 50.47 FEET;THENCE NORTH 38042'54"WEST,, 62.44 FEET; THENCE NORTH 1°02'36" EAST, 39.45 FEET; THENCE SOUTH 90000'00"WEST, 28.97 FEET; THENCE NORTH 1'02'35"EAST, 656.56 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF US HIGHWAY 62; THENCE NORTH 74035'55" EAST 1160.14 FEET ALONG SAID SOUTH. RIGHT OF WAY; THENCE SOUTH 1031'48"WEST, 179.34 FEET;THENCE SOUTH 88026'54"EAST,290.31 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FINGER ROAD;THENCE SOUTH 1049'53" WEST, 558.04 FEET ALONG SAID RIGHT OF:WAY TO THE POINT OF BEGINNING. CONTAINS 26.934 ACRES OF LAND,MORE OR LESS. AND ALSO: PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5' P.M., CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 1004'04" WEST, 23.26 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 1004'04 WEST, 386.66 FEET ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE 18, WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE; THENCE NORTH 88014'56"WEST, 165.65 FEET ALONG THE NORTH LINE OF SAID TRACT;THENCE NORTH 24021'49"EAST,418.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.735 ACRES OF LAND, MORE OR LESS. TOTAL ACREAGE: 27.669 ACRES, MORE OR LESS. July 12,2004 Planning.Commission ADM 04-1139(Dorado) Page 3.9 C-PZD 03-02.00 Page I PC Meeting of April 28,2003 FAYETTEVILLE THE CITY OF FAYE=VH.LE,ARKANSAS Lowes,C-PZD 113 W. Mountain St - - Fayetteville,AR 72701 - - TO: Fayetteville Planning Commission Members THRU: Dawn Warrick,AICP,Zoning and Development Administrator FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: April 24,2003 Project: C-PZD 03-2.00: Planned Zoning District(Lowe's, 557/596) was submitted by Lance Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers,Inc. for property located at the southwest comer of Finger Road and Highway 62. The property is zoned C-2, Thoroughfare Commercial,R-O, Residential Office,and R-2, Medium Density Residential containing approximately 21.53 acres. The request is for a Commercial Planned Zoning District fora Lowes Home Center containing 13.9 acres(133,532 sq.ft. building)and a retail lot containing 6.05 acres(53,876 sq ft building)with lot splits to create a 1.3 acre parcel and a 4.59 acres parcel of tree preservation. Findings: Proposal: The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center containing 13.9 acres(133,532 sq. ft.building) and a retail outlet containing 7.9 acres with 53,876 square feet of retail space. There is a lot being split with this PZD which is lot 2B to be developed later. There are 4.59 acres of tree preservation proposed. Parking: Lowe's: 598 spaces Retail: 304 Spaces Existing Development. None Surrounding Zoning: North: A-1 South: R-1 East: C-2 West: R-0 Surrounding Land Use: North: Retail and Agriculture South: Residential East: Retail West: None Water: A 12"water line running east to west along Sixth Street July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.10 C-PZD 03-02.00 Page 2 Sewer: A 8 Sanitary Sewer line running east to west along Sixth Street Right-of-way being dedicated: 55' of Right of Way is being proposed along Sixth Street Street Improvements Proposed.• None Adjacent Master Street Plan Streets: Sixth Street is a principle arterial and requires 110' of Right of Way. Site Coverage: 84% Tree Preservation: 4.59 acres of off-site tree preservation is being proposed. Existing canopy: 69% Preserved canopy: 15% Required in C-2 zone: 15% Other: Off site detention is proposed. The proposal is for a regional detention pond to the south of the property being purchased by Lowes, which will serve this development as well as future development. Wetland mitigation is proposed offsite and has been approved by the Corp of Engineers. Recommendation: Forward to City Council with recommendation of approval of the requested rezoning. Planning Commission approval of the proposed development subject to the conditions listed below. Conditions of Approval: 1. An ordinance creating this C-PZD shall be approved by City Council. 2. Covenants shall be filed which provide for maintenance of parking areas and greenspaee. 3. All signage proposed on site shall comply with Chapter 174, Signs of the Unified Development Ordinance and shall be permitted accordingly. 4. Planning Commission determination of the requested waiver to allow for parking spaces wider than nine feet. The request is for several 10 foot wide spaces to accommodate contractor parking. 5. Planning Commission determination of the requested waiver to allow for aisles wider than 24 feet in width. The proposal is for aisles up to 55 feet to accommodate truck July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.11 C-PZD 03-02.00 Page 3 traffic. 6. Planning Commission determination of requested waiver from the requirement of a landscape island along the front of the building. 7. ADA spaces shall be redistributed along the retail stores. 8. Landscape islands shall be added near the ADA apees. 9. Sidewalk fees in the amount of$12,394.62 in lieu of sidewalk construction along the tree preservation areas.Staff is recommending that a fee be assessed in lieu of construction to avoid tree removal in these areas. 10. A continuous planting of shrubs is required adjacent to parking lots along the right of ways. 11. The off-site tree preservation easement must be filed prior to issuance of any permits for the proposed project. 12. Large scale development approval is required for development of lot 2B. 13. A traffic signal shall be installed at the developer's expense-prior to any occupancy permit. This shall be subject to the Arkansas Highway and Transportation Department approval and staff review. 14. Street lights shall be installed along the south side of Sixth Street every 300 feet at the developer's expense. The street lights shall be a minimum 250 watt full cut off fixture. 15. All utilities shall be placed underground. 16. Right-of-way shall be dimensioned from centerline and include a minimum of 55 feet from centerline along Sixth Street and a minimum 25 feet from centerline along Finger Road. 17. Merchandise display shall be limited to that which may be displayed on the sidewalk in front of the building.No merchandise display shall be allowed within the designated parking areas unless prior approval is obtained by the Planning Division who will verify that the required number of spaces are maintained and adequate traffic flow is maintained. 18. Covenants shall be submitted in accordance with§166.06 of the Unified Development Ordinance prior to building permit. 19. The developer shall erect at the entrance of Sherman Way a rectangular sign, not exceeding 24 inches by 12 inches,designating the street a"private street" which shall be clearly visible to motor vehicular traffic July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.12 C-PZD 03-02.00 - - - Page 4 20. Planning Commission determination of compliance with Commercial Design Standards including signage. SIGNAGE: The wall sign does not comply with the sign ordinance as proposed. The ordinance prohibits signs extending more than 18 inches above roof level. The applicant is requesting the sign to extend 46.25 inches above the roof. Board of Sign Appeals approval will he required for this variance from the sign ordinance. There are two freestanding signs proposed. The Lowe's sign is a 30 foot tall pole sign which exceeds the maximum square footage. Staff recommends the sign be reduced to 75 square feet in order to comply with the sign ordinance. An area identification sign is proposed on Lot 2B which meets ordinance requirements. §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. D.Design Elements Guidelines for Commercial Structures. 1.The elements to avoid or minimize include: a. Unpainted concrete.precision block walls. b. Square, boxlike structures. c. Metal siding which dominates the main facade. d. Large blank, unarticulated wall surfaces. e. Large out of scale signs with flashy colors 2. Construction and appearance design standards for commercial structures. a. A commercial structure or development shall be designed to avoid or minimize the elements set forth in D.1. above. b. A commercial development which contains more than one building should incorporate a recurring, unifying,and identifiable theme for the entire development site. c. A development should provide compatibility and transition between adjoining developments. Standard Conditions of Approval: 21. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative,and all comments from utility representatives-AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 22. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s)and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. July 12,2004 .Planning Commission ADM 04-1139(Dorado) Page 3.13 C-PZD 03-02.00 Page 5 23. Sidewalk construction to include a minimum six foot sidewalk along Sixth Street, Sherman Way and Finger Road with sidewalk fees in lieu of construction along tree preservation areas. 20. Development approval shall be valid for one calendar year. 21. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond,escrow)as required by§158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed,not just guaranteed,prior to the issuance of a Certificate of Occupancy Background: The project was reviewed at the March 10, 2003 Technical Plat Review and the April 3, 2003 and the April 17, 2003 Subdivision Committee Meetings. Discussion at the Subdivision Committee meeting included ADA parking, tree preservation, signage, commercial design standards, and traffic. The Subdivision Committee forwarded the Commercial.Planned Zoning District to the full Planning Commission subject to all staff comments. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: yes Required Approved Denied Date- .Comments: The"CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. July 12,2004 Planning Commission ADM 04-1139(Dorado) Page 3.14 PZD03 2.00 L O W E S Close Up View _ Ep go lift �m C2 T I ; ME » C2 - Te R-0 a2 31 d'k, R-2 t/ rays t I y� J , --j SUBJECT PROPERTY IJ r21 ItS i Overview Legend Boundary��--- Subject Properly Planning Area Master Street Plan PZ003-2.00 CPom� 000_0°Overlay District � FreevraY�pressway r� " �Principal Arterial r Streets �, _I City Limits + ❑ ?,_,Y`� --.. , 6ostrn9 Outside City Minor Arterial . ti ��•~3 `%�e Planned ��i Collector July 12,2004 �; ... - ---. - _. . -. . .. _-_-•-�., Historic Collector --- — " Planning Commission -- 1.7 - 0 125 250 500 - 750 1.000 ADM 04-1139(Dorado) Feet Page 3.15 PZD03-2:00 �O One Mile WES View iO n 2 j _ J °li ° Cp 0 R�nsr�osE, `F- JR ! R-2TON 51st, w 2 RMF 1sAVI , -- { o g y 00 r o _2; PPRR-1 DfDf lrhS±-fON RD�Y._ C-2.T I o oai _ '4-1R 2 i R t R 1� `_ _ o ♦ o 1-2 r R t A �VR-o A t SUEACT PROPERTYA-1 le�Jl Y C 2 - { C-2 s.._�n a:l 6o TEi ILS ! , o — - a - re oaC �2 R1 _ ' At : ! . P' R-1 ! _o ri Ar, R-2 3.. — ....e... r -zR-1 R_1.-.._ �R-Oi� 'isr o a°R2 0 �' o zf A I 0 a. IM2 0 —.-- I — - { _ I F. 4oac _ s ° Sr• — — L^/ERR SE 4J ,,n LLO I ..a 0 r-_ t o t t L r� R l1 - ° �- A 1I N ° Overview Legend Boundary Subject Property Master Street Pian "'N_,Planning Area - PZD03-2.00 '..0% Freex'aY/ExPr� a1' - _ o ay Disc 0 ,P.. lMni R> Streets L__I City Limits MinorA dw Outside City ♦.Cdledor 1 " �_! '`=<✓/ ePianned ���� tNstaic Collector July li,200 --- -- Planning Commissio b_ 0 0.1 0.2 0.4 0.6 0. Miles ADM 04-1139(Dorado Page 3.1 FAYETTEVILLE PC Meeting of July 12, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP,Zoning&Development Administrator DATE: July 08, 2004 ADM 04-1147: Administrative Item (LANDERS,248/249): Submitted by Bryan Smith of Black, Corley& Owens on behalf of Landers Auto Park for property located at 1352 W. Showroom Drive. The property is zoned C-2, THOROUGHFARE COMERCIAL, and contains approximately 42.82 acres. The request is to allow a waiver of Commercial Design Standards & Design Overlay District requirements to allow a chain link perimeter fence around the subject property. Planner: JEREMY PATE RECOMMENDATION: Staff recommends denial of this administrative request based on the findings included as part of this report. BACKGROUND: Property description: The subject property is Landers Auto Park, located north of Fulbright Expressway, east of Hwy 112, west of I-540. The property is surrounded on three sides by public rights-of-way, with the northern boundary the exception. The property contains approximately 42.82 acres and is zoned C-2, Thoroughfare Commercial. The majority of the site lies within the Design Overlay District of I-540. Landers Auto Park has processed at least three Large Scale Developments for development of the subject property in phases, the last of which, a Hummer dealership and parking lot expansion, is currently under construction. Fencing of any type, with the exception of a vehicular barrier to prevent automobiles from entering the tree preservation area, has not been proposed with the previous development plans. Request: The applicant's request is to allow a perimeter chain link fence in front of a commercial structure, within the Design Overlay District. The proposed fence would enclose the entire developed property, essentially at the property line with the exception of that area preserved in tree canopy easement(see attached site plan). The proposed fence is to be six feet in height, constructed of black vinyl coated metal chain link. This request constitutes a waiver of the City's Commercial Design Standards (§166.14), as well as a waiver request from Design Overlay District requirements,which are under the authority of the Planning Commission. Recommendation: Staff recommends denial of this request for a chain link fence. The location of the majority of the requested fence lies within the Design Overlay District and in front of or to the side of the commercial structures sited on the property. Chapter 161.24, The Design Overlay July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.1 District, is very specific with regard to the types of fencing allowed(wood, masonry, natural looking materials, wrought iron), and does not allow metal fencing without additional view obscuring fencing to screen the metal fencing(see attached). Additionally, Ch. 166.14, Commercial Design Standards,prohibits chain link fencing if closer to the street than the front of the building. The City of Fayetteville sets a high standard for all commercial developments.It is important to the quality of development within the City that these standards are enforced equally. The subject property is located at a very visible and key intersection leading into Fayetteville. Proper application of adopted commercial design standards and Design Overlay District standards will allow positive improvements that are consistent throughout the City. If this regulation is relaxed or waived to the degree proposed, the desirable result of having such regulations cannot be accomplished. The section of the ordinance which specifically addresses the types of fences permitted within commercial developments is clear(see attached). The intent is to permit appropriate fencing which is compatible with the development as well as the surrounding uses. The result of having a chain link fence in front of a commercial structure in this location is undesirable and does not comport to the purposes stated in the City's adopted Commercial Design Standards ordinance, nor does it meet the criteria set forth in Ch. 161.24,the Design Overlay District(1-540 Corridor). SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Drive-in Movie Theatre C-2, Thoroughfare Commercial South Fulbright Expressway C-2, Thoroughfare Commercial East I-540 C-2, Thoroughfare Commercial West Heavy Commercial, Agricultural R-A, Residential Agricultural I-1,Heavy Comm., Lt Industrial LAND USE PLAN: General Plan 2020 designates this site Thoroughfare Commercial. July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.2 161.24 Design Overlay District(I-540 Highway Corridor) (A) Purpose. The purpose of establishing a Design Overlay District for the I-540 Highway Corridor is as follows: (1) To protect and enhance the distinctive scenic quality of the I-540 Highway Corridor by providing for nonresidential developments which will maximize preservation and enhancement ofthe natural,rural,and open character of the terrain and foliage. (2) To address the issues of traffic and safety. (3) To address environmental concerns which include,but are not limited to,soil erosion,vegetation preservation, drainage and heat islands. (4) To preserve and enhance the economic value and viability of property within and near the Overlay District for the I-540 Highway Corridor. (B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of each side of the right-of-way of I-540 from the intersection of I-540 and State Highway 471(a/k/a 71 B)north to the city limits of Fayetteville,(a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway),and also that portion known as State Highway 471S described more fully as that portion of State Highway 471 which connects 1-540 to State Highway 471 (a/k/a North College) and all future extensions of 1-540 within the City of Fayetteville. Said boundaries are set out on the official plat pages along with a legal description of such boundaries located in the Planning Division. (C) Application of Overlay District:Regulations and standards. The regulations and standards contained herein shall apply to all nonresidential properties, (including, but not limited to new development), located within the Overlay District boundaries. Such regulations and standards shall be in addition to and shalt overlay all other ordinance regulations and standards, including, but not limited to nonresidential zoning district and signage regulations and standards. Shouldthe regulations and standards of the underlying and Overlay District conflict,the Overlay District regulations and standards shall control. (D) Nonresidential site design and development standards. (8) Optional fencing. All fencing shall be constructed of wood,masonry,or natural looking materials. No optional fencing shall be located within the greenspace required by Section(D)(1). No metal fencing shall be allowed except in the following cases: (a) Wrought iron fencing. (b) If other types of metal fencing are necessary,for security purposes,they may be used if the area is first fenced off with a view obscuring natural or natural looking fencing material. The metal fencing shall be placed inside the view obscuring fencing,and the view obscuring fencing shall be at least the height of the metal fencing. Secunty Fence Aesthetic Fence I Parking Lot ---� - -- Street �If Fencing (4) Nothing contained herein shall limit or prohibit property owners from utilizing the variance provisions contained in Ordinance No. 3806(§161.21). t July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.3 166.14.Commercial Design And Development Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance identity,and natural and economic vitality. (2) To address environmental concerns which include,but are not limited to,soil erosion,vegetation preservation, and drainage. (3) To protect and preserve the scenic resources distributed throughout the city which have contributed greatly to its economic development,by attracting tourists,permanent part-time residents,new industries,and cultural facilities. (4) To preserve the quality of life and integrate the different zones and uses in a compatible manner. (5) To address the issues of traffic,safety, and crime prevention. (6) To preserve property values of surrounding property. (7) To provide good civic design and arrangement. (B) Applicability. The standards set forth herein shall apply in the following zoning districts,except as noted: (1) R-O,Residential Office; (2) C-1,Neighborhood Commercial; (3) C-2,Thoroughfare Commercial; (4) C-3,Central Commercial; (5) C-4,Downtown; (6) I-1,Heavy Commercial and Light Industrial; (7) I-2,General Industrial; (8) P-1, Institutional; (9); E-1,Extraction; (IO)PZD,Planned Zoning District when commercial,office, institutional and industrial uses are planned. (11)Any other zoning district when commercial,office,institutional,and industrial uses are allowed as a conditional use. (C) Site development standards. The following site development standards shall apply when either new development or expansion of 25%of the existing building square footage occurs. (1) Landscaping. Landscaping is required as follows: (a) Landscaping general provisions. (i) Landscaping shall be provided which is sufficient to provide soil stability and suitable drainage. July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.4 (ii) Trees,shrubs,groundcover and grass shall be the primary source of landscaping and shall be placed and/or retained in such a manner as to reduce runoff. (iii)The current property owner shall properly maintain all landscaping and shall replace any landscaping that dies or is damaged. (iv) Native vegetation should be used when possible in order to minimize watering. (v) Landscaping should attempt to incorporate existing on-site trees and shrubbery. (vi) Providing outdoor spaces and places for people to gather is encouraged. (b) Landscaping alongfront property lines. (i) Landscaped area required. A 15 foot wide landscaped area shall be provided along the front property line exclusive of right-of-way. Entrance drives,exit drives,and sidewalks are allowed to cross the 15 foot landscaped area provided the integrity ofthe landscaped area is maintained. Residential uses and zoning district C-3 and C4 shall be exempt from this requirement. (ii) Trees. a. Trees shall be planted in the 15 foot landscaped area at a ratio of one tree per 30 feet of front property line and may be planted together in groups. No group may count more than 25%of the required number. b. Species selection shall be at the discretion of the developer. However, species which are listed in the City of Fayetteville Tree Preservation,Protection and Landscape Manual under the tree section guide are encouraged. C. Trees planted shall have a two inch caliper(diameter)measured six inches above ground level at the time of planting with at least 50%with an expected mature height of 60 feet or more. In cases of existing overhead power lines, trees shall be planted that will not interfere with existing power lines. �1 69 Tall at Maturity - -. I"Caliper at Time of planting d. Each tree shall have a minimum of 100 square feet of permeable surface located under the potential canopy of the tree. Paving blocks,bricks,and iron and/or plastic grates,may be used over the tree root system to allow air and water into the root system. (2) Screeningfor commercial buildings and development. (a) Screening shall mean a view obscuring fence, view obscuring berm, view obscuring architectural treatment,or view obscuring vegetation,or combination of the four,of sufficient height to prevent the view of the screened items from vehicular and pedestrian traffic on adjacent streets, and from reyUifil2004 Planning Commission ADM 04-1147(Landers) Page 4.5 property. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. (b) Mechanical and utility equipment,trash enclosures, and outdoor storage of material and equipment shall be screened if visible from the highway/street right-of-way or from residential property as set forth below: (i) Mechanical and utility equipment. All mechanical and utility equipment located onthe wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building.Mechanical and utility equipment over 30 inches in height shall meet building setbacks. (ii) Trash enclosures. Trash enclosures shall be screened with access not visible from the street. (3) Fences. The following types,height,and location of fences shall be prohibited: (a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if visible from the street right-of-way or a residence,unless and except barbed wire fences are used for agricultural purposes. (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building in zoning districts C-1,C-2,C-3,C-4,and R-O.Residential uses are exempt from this requirement. (c) Heirht offences in front buildings. Fences located in front of the primary structure may be solid up to 30 inches in height. Any part of a fence which exceeds 30 inches in height shall not obstruct the view of the primary structure from the right-of-way. (4) Site coverage. A maximum of 85% of the development site may be covered by the ground floor of any structure,parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3,C-4,and the Design Overlay District are exempt from this requirement. (5) Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped properties, except in C-3 and C4 zones. (D) Design elements guidelines for commercial structures. (1) The elements to avoid or minimize include: (a) Unpainted concrete precision block walls; (b) Square"boxlike"structures; (c) Metal siding which dominates the main facade; (d) Large blank,unarticulated wall surfaces; (e) Large out of scale signs with flashy colors. (2) Construction and appearance design standards for commercial structures. (a) A commercial structure or development shall be designed to avoid or minimize the elements set forth in(1)(a)—(d)above. (b) A commercial development which contains more than one building should incorporate a recurring, unifying,and identifiable theme for the entire development site. (c) A development should provide compatibility and transition between adjoining developments. July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.6 Design Element Guidelines,Commercial Sign out of scale Large box With building structure Metal siding dominating Large blank, unarticulated main facade wall surface (E) Design review. (1) Submittals. The following drawings,information,and plans shall be submitted to the Planning Commission for design review and approval with large scale development applications,when applicable;or,submitted to the Planning Division for design review and approval with,or prior to,building permit applications for non-large scale development. (a) Elevations. Rendered elevation drawing of main facade at 1/16 inch to one(1)foot(minimum)scale showing adjoining context and a description of external building materials. (b) Landscaping. Proposed landscaping to be used as screening shall be shown on the tree preservation plan or site plan. (2) Build out. Upon approval of a large scale development, or issuance of a building permit, build-out of the project shall conform to the drawings,information,and plans approved. (a) Amendments. Amendments to the drawings,information,and plans shall be submitted to the planning division. Amendments which are determined to be insignificant or minor may be approved by the Planning Division. Significant amendment shall be approved by the Planning Commission when approval was given through the large scale development process,or by the planning division when approval was given through the building permit process. (b) Review. Amendments shall be considered using the same standards as the initial design approval. (c) Noncompliance. Failure to build-out the project according to the approved drawings,information,and plans,or approved amendments thereto,shall render the large scale development approval;or the building permit approval void. (F) Variances. (See Chapter 156.) (Code 1991,§160.124;Ord.No.4004,§l,10-15-96;Ord.No.4100,§2(Ex.A),6-16-98) Cross reference(s)—Speck Districts§161.13 Through§161.21; Appeals,Ch. 155;Variances,Ch. 156. July 12,2004 Planning Commission ADM 04-1147(Landers) Page 4.7 Owens, RA. June 1,2004 Jeremy Pate principals City of Fayetteville Larry A. Black, AIA 125 W.Mountain John A. Corley, AIA Fayetteville,AR 72701 Leslie A. Owens,AIA associates Bryan Smith, RE: Landers Auto Park Associate AIA Brian Black, Dear Mr.Pate, Associate AIA I am submitting twelve copies of the Landers Auto Park site indicating the location of the proposed fence along with photographs of a typical installation. We are asking for a waiver from the City of Fayetteville's ordinance which requires metal fencing in the Design Overlay District to be wrought iron.The typical perimeter fence is a commercial grade, black vinyl coated chain link,6 feet in height.The fence is constructed of 6 gauge wire mesh with 2 inch O.D.line posts, 15/8 inch O.D. top rails and 3 inch O.D.corner and end posts. Thank you for your time and consideration of our request on this matter. Sincerely, Bryan Smith 219 West South St. Benton, AR 72015 July 12,2004 Tel. 501-315-7686 Planning Commission Fax. 501-315-0487 ADM 04-1147(Landers) brvan@bcorlevo.com Page 4.8 L-SD04-06.00' {, One Mile View LANDERS j . j Rn $ i-RA f RA I 1 0 1 —Obe o N T c4 °bo°°° {I IG2 r � f�l�-` lr""I�;'il�lHeil>:il�[•' "'iyllrfl.-llril�ilt�l�-�, -7— � _._ aggl �oma_°°°i . i 1 rill-i +l trlfrl p 1� i RSF'. ! .._ _--ox' a o do oc�000a0000RRYpp° ( ._Y. I - ,c,� w Ar r3i" _ "se s4,at' of ag I o, i �"'l.a—a- ,c.-•>. l �`�+` { I o •`7-. °o_T s+�i-:� l tt z y 5a5a . Rn I r_I I Ri'jz� i —! ! o°° ♦ _ .c �. d"rn sz 1,z r�r� t;;ah� �j.�' .r� �_ v'tw'� C-2 - � I z< 1121 c z �� °1 I 1 Ra o°� ig;s .�+ •� �'a �� y� e a`"E'.� >tii A is -i_ -s 2 1 c Overview Legend � Subject Property Boundary Master Sfreet Plan -LSD04-06.00 ''N.,Planning Area �iy'/� o 000Q - Prindpal Mesal Streets o°oo°o°O Overlay District -L;, 3 _� _ L-_ MinorArterial L 1 City Limits ff�Outside City -a.. lti dt ca for July 12,2 04 L Planning Commis on 0 0.1 0.2 0.4 0.6 0.8 ADM 04-1147 (Landurs) Miles Page 4.9- ® • s t t „ l 5 r p r 'i� � Y' ,.e i•,'�'�s-`' 1 r. -�i .a y'�- ,F"n # '�f YF-�'�+-�"''�a '. f G x� ��. t st � to ;�, ��,�.- �y.�•����t a i. =:�� w ��'%-�"` r� ■ II• I